دور المقاصد في الاختهادي - دراشة تطبيقية علي الإجهاض

• Main Author: فريدة زوزو
• Format: Book chapter
• Language: Abkhazian
• Published: Kolej Universiti Islam Malaysia 2012
• Subjects: Abortion; Jurisprudence; Objectives of Shari'ah; Medicine; Fetus
• Online Access: http://ddms.usim.edu.my/handle/123456789/5415

This study focuses on the analysis of the topic of abortion from legal aspect, and specifically from "maqasidiyah" perspective. That is because the perspective of maqasid is the methodology applied in analyzing the elements of the topic and then finding out the legal rule. The researcher includes in her approach the medical perspective, because the opinion of the expert (the physician) is very important to determine the types of abortion (optional, medical, criminal or social), its stages, and where the danger is, which facilitate, for the jurist, the understanding of the factors and circumstances surrounding the issue of abortion. The researcher emphasized the criminal (social) abortion, which the jurists and the physicians have disagreements about its legality. Some of them allow abortion to be carried out when the fetus reaches 40 days, while others allow it also after the forty days but before the "ruh" is given to the fetus; taking into consideration the status of "nafih". They see it as the indicator of humanity of the fetus. However, some physicians and jurists prohibit abortion weather before or after "nafkh", the opinion which the researcher supports. The researcher concluded the study by saying that, except the medical necessary cases, all other cases of abortion are prohibited in order to protect the right of life of the fetus which Allah (SWT) has granted to him. Therefore, abortion is an unlawful means, which must not be used to achieve legal objective. Rather, it is a means which leads to prohibited objective. It is killing of innocent life.